Overview
FAR 36.301 establishes the mandatory evaluation criteria and conditions under which a contracting officer may utilize the two-phase design-build selection process for construction projects.
Key Rules
- Mandatory Evaluation: The contracting officer must conduct a formal evaluation during acquisition planning to determine if the two-phase method is appropriate.
- Offeror Threshold: The procedure should be used when the agency anticipates receiving three or more offers.
- Cost Burden: The method is intended for projects where offerors would incur substantial expenses to perform design work before submitting price or cost proposals.
- Required Considerations: The determination must account for specific factors, including:
- The clarity and definition of project requirements.
- Project delivery timelines.
- The experience and capability of potential contractors.
- The agency's internal capacity to manage a two-phase selection.
- The overall suitability of the project for this specific delivery method.
Practical Implications
- Industry Protection: This section protects the industrial base by preventing a large number of firms from spending significant capital on detailed designs for a project they have little chance of winning.
- Administrative Burden: Contracting officers must document a formal justification for using this method, ensuring that the agency has the technical expertise to evaluate complex design proposals across two distinct phases.